If Nien Cheng were a U.S. citizen and Chinese government were the U.S. government, what constitutional rights of hers were violated?
pohnpei397 | Certified Educator
I have not read this book, but I have read various things about Cheng's life. Since no one else is answering this, I'll do my best with what I know:
- If you count the Red Guards as part of the government, they conduct an illegal search and seizure when they enter her home. Since they are searching for evidence that she's a capitalist stooge, they should have (under US law) a warrant saying what they're looking for and where they will search. This violates the 4th Amendment.
- When the Red Guards burn her books, they are depriving her of her property without due process of law. This violates the 5th Amendment.
- When she is confined to her home, she is being deprived of her liberty without due process of law. This violates the 5th Amendment.
- At her "trial" there was no jury and she had no chance to have a lawyer. This violates 6th Amendment.
- Most courts would probably agree that her imprisonment was cruel and unusual punishment because of the harsh conditions. This violates the 8th Amendment.
I hope that helps. The link is to an article I read about her.